Posts Tagged ‘Eastern District of Texas’

Intellectual property roundup

  • “Our mangled patent system,” Cato podcast [with Eli Dourado of the Mercatus Center] Critique of federal circuit [Dourado at Cato Unbound]
  • Since SCOTUS’s June decision in Alice v. CLS Bank, many courts have struck down software patents as too-abstract [Timothy Lee, Vox]
  • Iqbal-Twombly principles as remedy for patent trollery? [Daniel Fisher]
  • ISP resists mass copyright enforcement enterprise’s demand for customer list [DSL Reports]
  • Win for Personal Audio in E.D. Tex.: “Jury finds CBS infringes podcasting patent, awards $1.3 million” [ArsTechnica]
  • “Premier League Uses Copyright To Pull Down YouTube Video Of Professor Advocating For Stronger Copyright For Premier League” [Mike Masnick, Techdirt]
  • A new leaf? “Silicon Valley’s Most Hated Patent Troll Stops Suing and Starts Making” [Business Week]

September 2 roundup

  • Police have traced the crime wave to a single micro-neighborhood in the California capital [Sacramento Bee]
  • “Adam Carolla Settles with the Patent Trolls” [Daniel Nazer/EFF, Reason, related eight days earlier and previously] eBay takes on Landmark in the E.D. of Texas [Popehat]
  • Frank Furedi on law and the decline in childrens’ freedom to roam [U.K. Independent]
  • On “ban the box” laws re: asking about job applicants’ criminal records, it’s sued if you do, sued if you don’t [Coyote]
  • Fake law firm websites in U.K. sometimes parasitize the real ones [Martha Neil, ABA Journal]
  • What C. Steven Bradford of the blog Business Law Prof reads to keep up (and thanks for including us on list);
  • As applications to renounce U.S. citizenship mount, many related to FATCA, our government hikes fee for doing so by 422% [Robert Wood, Forbes]

“Why patent trolls love east Texas”

Mike Masnick on a jury verdict against Newegg: “Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones’ patent, while further showing that what Newegg was doing relied on their work, not Jones’, should have ended the case. But…” [TechDirt; Joe Mullin, Ars Technica]

“How Newegg crushed the ‘shopping cart’ patent and saved online retail”

Backed by big-firm lawyers, a non-producing company that claimed its patents underlay the online shopping cart sued dozens of retailers and extracted tens of millions of dollars in settlements and verdicts in the Eastern District of Texas and elsewhere — until an appellate ruling declared its patents invalid. Despite its absence of products, the company’s website offered “tech support.” [Joe Mullin, Ars Technica]

Intellectual property law roundup

  • Deborah Gerhardt on the ruling in favor of an artist who paints Crimson Tide sports highlights without University of Alabama say-so [Deborah Gerhardt/Eric Goldman, earlier here, etc.]
  • Posner throws out Apple/Motorola case [Tabarrok, more]
  • Joinder of defendants allegedly violating same patent: “D.C. Court Ruling Makes Life Tougher For Patent Trolls” [Daniel Fisher, Forbes]
  • “Google, AOL Face Patent Suit Over ‘Snippet’ Search Results, Ads” [Justia]
  • “Absurd patent of the day, Apple re: wedge-shaped computers” [Tabarrok]
  • “Defensive Patent License: judo for patent-trolls” [Doctorow/BB]
  • Why are copyright terms so long? One theory [Julian Sanchez]

September 16 roundup

  • House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
  • Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
  • “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O’Brien, Legal NewsLine]
  • Lawsuit settlement and the lizard brain [Popehat]
  • “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
  • Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
  • Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]

October 12 roundup

  • Speech-curbing proposals continue to get polite academic reception: NYU’s Jeremy Waldron, big advocate of laws to curb “hate speech”, delivered Holmes Lectures at Harvard this past week [HLS, schedule]
  • Lawsuit over collectible baseball hit into stands by Phillies’ Ryan Howard, his 200th career homer [Howard Wasserman, PrawfsBlawg; NJLRA]
  • Orchid-importer prosecution a poster case for the evils of overcriminalization? Maybe not [Ken at Popehat]
  • Texas State Fair and city of Dallas don’t have to allow evangelist to distribute religious tracts inside the fair, judge rules after three years [Dallas Observer blog]
  • Drug maker: FDA’s curbs on truthful promotion of off-label uses impair our First Amendment speech rights [Beck and Herrmann and more, Point of Law and more]
  • Did plaintiff Eolas Technologies go to unusual lengths to ensure Eastern District of Texas venue for its patent litigation? [Joe Mullin, IP Law and Business via Alison Frankel, AmLaw]
  • Update: “Lesbian Denied Infertility Treatment Settles Lawsuit” [San Diego 6, earlier]
  • Even in the Ninth Circuit, “psychological injury resulting from a legitimate personnel action” is not compensable [Volokh]

Troll Tracker blog suit settles

As the East Texas jury was set to begin deliberations. Per Joe Mullin’s must-read coverage at IP Law and Business, Rick Frenkel’s lawyer-critical blog is now entirely closed down even to private readers except as an archive for the use of lawyers in the related litigation. More: Mullin, Sept. 18 (Frenkel “wouldn’t have the financial resources to defend himself” had his employer Cisco not covered his legal costs), Sept. 21 (“You don’t wrestle with a snake, you cut its head off,” said plaintiff T. John (“Johnny”) Ward, Jr. “We shut the blog down, is what we did.”)